Hazara Islamicus (Dec 2017)
Shariah and the Nation-State: The Transformation of Maqasid Al-Shariah Theory
Abstract
This work examines whether the current nation-state system has transformed the obligations of Muslim states regarding the protection of faith which is one of the higher objectives of Islamic law. Plurality of Muslim states was first discussed by the great ShafiI jurist Juwaini who is of the opinion that it is possible to have many Muslim states either to avoid strife or when it is not feasible for one ruler to govern people of faraway islands or places. Since all Muslim states are members of the United Nations they are under an obligation to maintain international peace and security as enshrined in the United Nations Charter and to fight to achieve it. Under Islamic law the preservation and defence of faith being the higher objective is mandatory for Muslim states. Thus, Muslim states' duty to protect faith from external attack is extended to the maintenance of international peace and security under the UN Charter. In other words, the nation-state system has transformed the obligation of Muslim states not only to defend, preserve and maintain faith but also to keep up their obligations under the Charter. On the other hand, relations between Muslim states inter se are based on the principle of reciprocity. The same principle is applicable in relations between Muslim states and non-Muslim states.
